Commonwealth Consolidated Acts

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NATURE REPAIR ACT 2023 - SECT 30

Unilateral cancellation of registration of biodiversity project-- project proponent ceases to exist etc.

  (1)   The rules may make provision for and in relation to empowering the Regulator to cancel the registration of a registered biodiversity project.

Note:   For review of decisions, see Part   20.

  (2)   Rules made for the purposes of subsection   (1) must not empower the Regulator to cancel a registration unless:

  (a)   the Regulator is satisfied that any of the following circumstances exist:

  (i)   the project proponent has died or ceased to exist, and there are no other project proponents for the project;

  (ii)   the project is not being carried out (except to the extent that this is in accordance with the methodology determination that covers the project); and

  (b)   90 days pass after the circumstances began to exist, and the Regulator is not satisfied, at the end of that 90 - day period, that the circumstances have ceased to exist.

  (3)   Rules made for the purposes of subsection   (1) must require the Regulator, in a case where there is a project proponent for the project, to make reasonable efforts to consult the project proponent for the project before deciding to cancel the registration.



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